CHANDU @ CHANDRASHEKHAR Vs. STATE OF M. P.

JUDGEMENT

(1.) Appellant Chandu alias Chandrashekhar stands convicted for offences punishable under sections 307 and 324, Indian Penal Code and sentenced to R.I. for ten years with fine of Rs. 5,000.00 and R.I. for three years 1with fine of Rs. 2,000.00 respectively, by the impugned judgment and order dated April 30, 1997 passed by Additional Sessions Judge, Sagar in Sessions Trial No. 13/97.

(2.) The prosecution case, in brief, is that Babulal (PW 2) was running a hotel wherein he used to sell food, tea and sweetmeats. On 10-11-1996, which was a Deepawali day, at 4.30 P.M. Babulal was selling articles to his customers. The appellant came to his shop and asked him to give 1 Kg. of sweet for Rs. 20.00 only. When Babulal expressed his inability to give the sweet at this rate, the appellant started abusing Babulal. When Babulal asked him not to abuse, the appellant gave him threats and went towards his house. After some time the appellant came to the hotel with a steel can containing acid therein and poured the acid on Babulal. When Arvind (PW 1), who is nephew of Babulal, tried to save Babulal, the appellant threw acid on him also. While appellant was throwing acid on Arvind (PW 1), it also dropped on Leela Bai, Saraswati Bai, Kanchan, Manohar and Kashi Bai, who were present at the spot at the time of incident. The FIR of the incident, Ex.P-1, was promptly lodged by Arvind (PW 1) at P.S. Motinagar, which was recorded by Ravi Sharma (PW 11).

(3.) Babulal, Arvind, Kanchan, Manohar, Leela Bai, Kashi Bai and Saraswati Bai were sent to District Hospital, Sagar for medical examination. They were examined by Dr. Arun Saraf (PW 8). Dr. Saraf found the following injuries on the person of Babulal and submitted his report as per Ex.P-8 :